Barry M. Ryan v. Pittsfield Police Department (SPR 20171628)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 1, 2017 SPR17/1628 Kerri Striebel Records Clerk Pittsfield Police Department 39 Allen Street Pittsfield, MA 01201 Ms. Striebel: I have received the petition from Barry M. Ryan, Esq. appealing the nomesponse of the Pittsfield Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1 ). Specifically, Attorney Ryan requested "specific information and investigative materials, including materials obtained or prepared relative to a wellness check and any search or seizure of [an identified individual's] apartment and/or any belongings' relating to a named individual. Having received no response, Attorney Ryan petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days ofreceipt of the request. G. L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of the Public Records Division, this office was notified that you "called and faxed the documents that we have here to Attorney Ryan." Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Attorney Ryan may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Kerri Striebel SPRl 7/1628 Page 2 December 1, 201 7 Sincerely, Rebecca S. Murray Supervisor of Records cc: Barry M. Ryan, Esq. Ms. Paula Fournier